STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
----------------------------------x S.J.R. No.: 6437
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: GJ410021RP
332-334 EAST 53 ST., INC.,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
UPON REOPENING OF ADMINISTRATIVE REVIEW PROCEEDING
PURSUANT TO COURT REMAND
The above-named owner filed a petition for administrative review
(PAR) on April 9, 1992, against an order issued on February 28,
1992, concerning the housing accommodation known as 334 East 53rd
Street, Apartment 1-C, New York, NY, wherein the Rent Administrator
determined the tenant's complaint of decreased services.
On May 6, 1992, the Deputy Commissioner issued an order dismissing
the owner's petition for untimeliness.
Thereafter, the owner commenced proceedings in the Supreme Court
pursuant to Article 78 of the Civil Practice Law and Rules seeking
to set aside the Deputy Commissioner's dismissal order.
The Court determined that the particular circumstances surrounding
the filing of the petition, and the interests of justice, warranted
that the dismissal order be set aside, and directed the Division of
Housing and Community Renewal (DHCR) to review the owner's adminis-
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
In an answer dated October 14, 1991, the owner denied the allega-
tions set forth in the complaint or otherwise asserted that all
required repairs had been or will be completed.
An inspection of the subject apartment was conducted on February 4,
1992, by a Division of Housing and Community Renewal (DHCR)
inspector who found that the kitchen ceiling and wall paint was
peeling and that the kitchen ceiling plaster was cracked. Other
conditions were not confirmed or were found to have been corrected.
The Rent Administrator directed restoration of the services con-
firmed on inspection and further, ordered a reduction of the
In the petition for administrative review, the owner reiterates, in
substance, that repairs had been completed as set forth in its
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The owner's petition does not establish any basis for
modifying or revoking the Administrator's order which determined
that the owner was not maintaining required services based on a
physical inspection confirming the existence of defective condi-
tions in the subject apartment for which a rent reduction is
warranted. The owner's petition, reiterating on appeal the owner's
assertions in the answer below, fails to address the fact that the
conditions cited in the complaint which provided the basis for the
rent reduction were confirmed at the inspection conducted after the
date of repairs. If kitchen repairs were undertaken, they were not
completed in a workmanlike manner.
The owner may file a rent restoration application if the facts so
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA